What are the elements of a reprisal claim?

Ontario, Canada


The following excerpt is from McConaghie v. Systemgroup Consulting Inc., 2014 HRTO 295 (CanLII):

With respect to the first element set out in Noble v. York University, above, the respondent does not dispute that the termination of the applicant’s employment is the kind of event that could constitute a reprisal, by which I simply mean it was an action taken by the respondent against the applicant. This is the “action” about which the parties are most concerned. However, I would note that the applicant testified to other actions taken against her by the respondent in response to her complaints about Men’s Day; namely, she was excluded from meetings, and one-on-one supervision simply ended.

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